arbitration

• What is arbitration?

  parties use an expert 3rd party who reaches a binding decision
• Where are the rules of arbitration set in?

  S1 Arbitration Act 1996
• If the rules are used what must they be?

  agreed by both parties and it is left to them how it is done
• When can arbitration be used?

  before or during an issue arises
• What clause do comercial contracts use?

  Scott v Avery
• What does the Scott v Avery clause states?

  arbitration should be used in a dispute
• What can consumers opt to use?

  small claims track
• What does S15 Arbitration Act 1996 states?

  parties agree on number of arbitrators and the procedure to appoint one
• What do the Insitiute of Arbitrators provide?

  trained arbitrators for major disputes who are experts in their field
• What happens if the parties cannot agree on the arbitrators or procedure?

  the court can be asked to do this
• Who decide on the format of the hearings?

  parties
• How can the format of the hearings be?

  paper based or oral submissions
• What does paper based mean?

  case submitted in writing with supporting documents for the arbitrator to read
• What are oral submissions?

  present case and call in witnesses to give evidence
• What do parties decide on?

  time, place, date
• What is the decision made by an arbitrator called?

  award
• What is the decision?

  final, binding and enforceable by the court